53-5-704 - Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appea - Utah Statutes

53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification forconcealed firearms instructor -- Requirements for issuance -- Violation -- Denial,suspension, or revocation -- Appeal procedure.
(1) (a) The bureau shall issue a permit to carry a concealed firearm for lawful selfdefense to an applicant who is 21 years of age or older within 60 days after receiving anapplication, unless the bureau finds proof that the applicant does not meet the qualifications setforth in Subsection (2).
(b) The permit is valid throughout the state for five years, without restriction, except asotherwise provided by Section 53-5-710.
(c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do notapply to a person issued a permit under Subsection (1)(a).
(2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if theapplicant or permit holder:
(i) has been or is convicted of a felony;
(ii) has been or is convicted of a crime of violence;
(iii) has been or is convicted of an offense involving the use of alcohol;
(iv) has been or is convicted of an offense involving the unlawful use of narcotics orother controlled substances;
(v) has been or is convicted of an offense involving moral turpitude;
(vi) has been or is convicted of an offense involving domestic violence;
(vii) has been or is adjudicated by a state or federal court as mentally incompetent, unlessthe adjudication has been withdrawn or reversed; and
(viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503and federal law.
(b) In determining whether an applicant or permit holder meets the qualifications setforth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
(3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it hasreasonable cause to believe that the applicant or permit holder has been or is a danger to self orothers as demonstrated by evidence, including:
(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
(ii) past participation in incidents involving unlawful violence or threats of unlawfulviolence; or
(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for asingle conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
(c) In determining whether the applicant or permit holder has been or is a danger to selfor others, the bureau may inspect:
(i) expunged records of arrests and convictions of adults as provided in Section77-40-109; and
(ii) juvenile court records as provided in Section 78A-6-209.
(d) (i) If a person granted a permit under this part has been charged with a crime ofviolence in any state, the bureau shall suspend the permit.
(ii) Upon notice of the acquittal of the person charged, or notice of the charges havingbeen dropped, the bureau shall immediately reinstate the suspended permit.
(4) A former peace officer who departs full-time employment as a peace officer, in an

honorable manner, shall be issued a concealed firearm permit within five years of that departureif the officer meets the requirements of this section.
(5) Except as provided in Subsection (6), the bureau shall also require the applicant toprovide:
(a) the address of the applicant's permanent residence;
(b) one recent dated photograph;
(c) one set of fingerprints; and
(d) evidence of general familiarity with the types of firearms to be concealed as definedin Subsection (7).
(6) An applicant who is a law enforcement officer under Section 53-13-103 may providea letter of good standing from the officer's commanding officer in place of the evidence requiredby Subsection (5)(d).
(7) (a) General familiarity with the types of firearms to be concealed includes training in:
(i) the safe loading, unloading, storage, and carrying of the types of firearms to beconcealed; and
(ii) current laws defining lawful use of a firearm by a private citizen, including lawfulself-defense, use of force by a private citizen, including use of deadly force, transportation, andconcealment.
(b) An applicant may satisfy the general familiarity requirement of Subsection (7)(a) byone of the following:
(i) completion of a course of instruction conducted by a national, state, or local firearmstraining organization approved by the bureau;
(ii) certification of general familiarity by a person who has been certified by the bureau,which may include a law enforcement officer, military or civilian firearms instructor, or huntersafety instructor; or
(iii) equivalent experience with a firearm through participation in an organized shootingcompetition, law enforcement, or military service.
(c) Instruction taken by a student under Subsection (7) shall be in person and not throughelectronic means.
(8) (a) An applicant for certification as a Utah concealed firearms instructor shall:
(i) be at least 21 years of age;
(ii) be currently eligible to possess a firearm under Section 76-10-503 and federal law;
(iii) have a current National Rifle Association certification or its equivalent asdetermined by the division; and
(iv) have taken a course of instruction and passed a certification test as described inSubsection (8)(c).
(b) An instructor's certification is valid for three years from the date of issuance, unlessrevoked by the bureau.
(c) (i) In order to obtain initial certification or renew a certification, an instructor shallattend an instructional course and pass a test under the direction of the bureau.
(ii) (A) The bureau shall provide or contract to provide the course referred to inSubsection (8)(c)(i) twice every year.
(B) The course shall include instruction on current Utah law related to firearms,including concealed carry statutes and rules, and the use of deadly force by private citizens.
(d) (i) Each applicant for certification under this Subsection (8) shall pay a fee of $50.00

at the time of application for initial certification.
(ii) The renewal fee for the certificate is $25.
(iii) The fees paid under Subsections (8)(d)(i) and (ii) may be used by the bureau as adedicated credit to cover the cost incurred in maintaining and improving the instruction programrequired for concealed firearm instructors under this Subsection (8).
(9) A certified concealed firearms instructor shall provide each of the instructor'sstudents with the required course of instruction outline approved by the bureau.
(10) (a) (i) A concealed firearms instructor is required to provide a signed certificate to aperson successfully completing the offered course of instruction.
(ii) The instructor shall sign the certificate with the exact name indicated on theinstructor's certification issued by the bureau under Subsection (8).
(iii) (A) The certificate shall also have affixed to it the instructor's official seal, which isthe exclusive property of the instructor and may not be used by any other person.
(B) The instructor shall destroy the seal upon revocation or expiration of the instructor'scertification under Subsection (8).
(C) The bureau shall determine the design and content of the seal to include at least thefollowing:
(I) the instructor's name as it appears on the instructor's certification;
(II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "mycertification expires on (the instructor's certification expiration date)"; and
(III) the instructor's business or residence address.
(D) The seal shall be affixed to each student certificate issued by the instructor in amanner that does not obscure or render illegible any information or signatures contained in thedocument.
(b) The applicant shall provide the certificate to the bureau in compliance withSubsection (5)(d).
(11) The division may deny, suspend, or revoke the certification of an applicant or aconcealed firearms instructor if it has reason to believe the applicant or the instructor has:
(a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
(b) knowingly and willfully provided false information to the bureau.
(12) An applicant for certification or a concealed firearms instructor has the same appealrights as set forth in Subsection (15).
(13) In providing instruction and issuing a permit under this part, the concealed firearmsinstructor and the bureau are not vicariously liable for damages caused by the permit holder.
(14) An individual who knowingly and willfully provides false information on anapplication filed under this part is guilty of a class B misdemeanor, and the application may bedenied, or the permit may be suspended or revoked.
(15) (a) In the event of a denial, suspension, or revocation of a permit, the applicant orpermit holder may file a petition for review with the board within 60 days from the date thedenial, suspension, or revocation is received by the applicant or permit holder by certified mail,return receipt requested.
(b) The bureau's denial of a permit shall be in writing and shall include the generalreasons for the action.
(c) If an applicant or permit holder appeals the denial to the review board, the applicantor permit holder may have access to the evidence upon which the denial is based in accordance

with Title 63G, Chapter 2, Government Records Access and Management Act.
(d) On appeal to the board, the bureau has the burden of proof by a preponderance of theevidence.
(e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a finalorder within 30 days stating the board's decision.
(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
(iii) The final order is final bureau action for purposes of judicial review under Section63G-4-402.
(16) The commissioner may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, necessary to administer this chapter.

Amended by Chapter 62, 2010 General Session
Amended by Chapter 283, 2010 General Session